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MINISTRY
OF HEALTH OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
38/2025/TT-BYT
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Hanoi,
August 13, 2025
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CIRCULAR
ELABORATING SOME ARTICLES OF DECREE NO. 207/2025/ND-CP DATED
JULY 15, 2025 OF THE GOVERNMENT ON CHILDBIRTH BY ASSISTED REPRODUCTIVE
TECHNOLOGY AND CONDITIONS FOR ALTRUISTIC SURROGACY
Pursuant to Decree No.
42/2025/ND-CP dated February 27, 2025 of the Government on functions, tasks, powers
and organizational structure of the Ministry of Health of Vietnam;
Pursuant to Decree No.
207/2025/ND-CP dated July 15, 2025 of the Government on childbirth by assisted
reproductive technology and conditions for altruistic surrogacy;
At the request of the Director
General of Department of Maternal Health and Children;
The Minister of Health
promulgates the Circular on some articles of Decree No. 207/2025/ND-CP dated
July 15, 2025 of the Government on childbirth by assisted reproductive
technology and conditions for altruistic surrogacy.
Chapter I
GENERAL REGULATIONS
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This Circular regulates health
standards for recipients of sperm, oocytes, and embryos; the transportation and
receipt of sperm, oocytes, embryos between storage facilities; the minimum list
of medical techniques that in vitro fertilization facilities must be able to
perform; statistical report, data management, information sharing related to
assisted reproductive technology.
Chapter II
HEALTH STANDARDS FOR RECIPIENTS OF SPERM, OOCYTES, AND
EMBRYOS; THE TRANSPORTATION AND RECEIPT OF SPERM, OOCYTES, EMBRYOS BETWEEN
STORAGE FACILITIES; THE MINIMUM LIST OF MEDICAL TECHNIQUES THAT IN VITRO
FERTILIZATION FACILITIES MUST BE ABLE TO PERFORM;
Article 2.
Health standards for recipients of sperm, oocytes, and embryos
1. Recipients of sperm, oocytes,
and embryos are not currently suffering from:
a) Diseases or abnormal conditions
of the reproductive organs that makes pregnancy impossible;
b) Diseases that may pose a
life-threatening risk to the woman during pregnancy;
c) Mental illnesses or other
conditions that impair a person's ability to perceive and control his/her own
behavior.
2. Persons suffering from acute
illnesses shall postpone embryo transfer until their condition is stabilized.
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Article 3.
Regulations on the transportation and receipt of sperm, oocytes, embryos
between storage facilities
1. In cases where depositors of
sperm, oocytes, or embryos (hereinafter referred to as samples) or recipients
of deposited samples wish to transport samples from one storage facility to
another:
a) The facility storing the samples
shall advise the depositor/recipient regarding the regulations on sample
transportation, potential risks that may occur during the transportation, and
obtain written consent for the transportation of samples;
b) The sample-receiving facility is
responsible for considering the wishes of the depositor/recipient, deciding the
receipt of samples transported from another storage facility. The handover and
receipt of samples shall only be carried out with the written consent of the
receiving facility;
c) The transportation of samples
shall be carried out by medical staff from either the receiving facility or the
transporting facility with the participation of the depositor/recipient or
his/her legally authorized person. If the depositor/recipient or the legally
authorized person does not participate, the depositor/recipient shall authorize
the receiving or transporting facility to conduct the transportation of
samples;
d) The cost of sample
transportation shall be paid by the depositor/recipient;
dd) During the transportation,
samples shall be stored in specialized frozen storage equipment sealed by the
transporting facility;
e) Samples shall be handed over
between the two storage facilities accompanied by the following documents:
- A summary of medical records or
sample storage dossiers certified by the transporting facility including full
name and identification card number or personal identification number of the
depositor and the recipient, passport number (if the sender/depositor is a
foreigner); quantity and quality of the samples; storage method; storage date;
summary of the treatment process;
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- In the case where the handed-over
samples are embryos, a valid copy of the marriage certificate at the time of
embryo creation if the depositors are a married couple, or a certificate of
marital status if the depositor is a single woman is required;
- 02 copies of sperm, oocyte,
or embryo handover minute in accordance with the Form in Appendix I attached to
this Circular;
g) The receiving facility is
responsible for inspecting the seal and accompanying documents before signing
the sample handover minutes and returning one original copy to the transporting
party.
2. In cases where the storage
facility is no longer qualified to continue storing the samples:
a) The facility storing the samples
shall contact another eligible storage facility to negotiate the transportation
of samples and notify the sample depositor/recipient. The handover shall only
be carried out with the consent of the transporting facility, the receiving
facility, and the sample depositor/recipient. In urgent cases requiring
immediate transportation, the two facilities shall reach an agreement before
the handover, and notify the sample depositor/recipient;
b) The transportation of samples
shall be carried out by the staff of either the transporting facility or the
receiving facility;
c) The cost of sample
transportation shall be paid by the transporting facility;
d) During the transportation,
samples shall be stored in specialized frozen storage equipment sealed by the
transporting facility;
dd) Samples shall be handed over
between the two storage facilities accompanied by the following documents:
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- The complete medical records or
sample storage dossiers of the cases being transported;
- 02 copies of sperm, oocyte,
or embryo handover minute in accordance with the Form in Appendix I attached to
this Circular;
e) The receiving facility is
responsible for inspecting the seal and accompanying documents before signing
the sample handover minutes and returning one original copy to the transporting
party.
g) The transporting facility is
responsible for notifying the sample depositor in writing about the sample
transportation. The receiving facility is responsible for continuing to store
and preserve the received samples through a contract with the sample depositor
in accordance with civil laws.
Article 4. The
minimum list of medical techniques that in vitro fertilization facilities must
be able to perform
The minimum list of medical
techniques that in vitro fertilization facilities must be able to perform is
prescribed in Appendices II and III attached to this Circular.
Chapter III
STATISTICAL REPORT, DATA MANAGEMENT, INFORMATION
SHARING RELATED TO ASSISTED REPRODUCTIVE TECHNOLOGY
Article 5.
Statistical report
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Article 6. Data
management and information sharing related to assisted reproductive technology
1. Information related to donation
of sperm, oocytes, and embryos; the storage of sperm, oocytes, and embryos
shall be encoded, connected and shared in accordance with clause 2 of this
Article. Information of depositors/recipients of sperm, oocytes, and embryos
shall be kept confidential.
2. The following information shall
be shared with the common database on assisted reproductive technology:
a) The latest identification card
number, personal identification number or passport number (if the
depositor/recipient is a foreigner) of the depositor/recipient of sperm,
oocytes or embryos; the surrogate mother; and the couple requesting surrogacy;
b) The date of donation of sperm,
oocytes, or embryos; the facility storing the donated sperm, oocytes, or
embryos;
c) The date of embryo transfer in
cases of surrogacy, and the facility performing the surrogacy technique.
3. Responsibilities of relevant
authorities in management of common data regarding assisted reproductive
technology:
a) The Department of Maternal
Health and Children shall act as a conduit and cooperate with relevant units in
managing, operating and using common database related to assisted reproductive
technology; develop regulations of the Ministry of Health in managing,
operating and using common data related to assisted reproductive technology for
management, operation, professional activities and state management; inspect
and supervise the implementation;
a) The Administration of Science,
Technology and Training shall cooperate in developing regulations of the
Ministry of Health in managing, operating and using common database related to
assisted reproductive technology; participate in the inspection and supervision
of the implementation;
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d) Health facilities performing in
vitro fertilization and altruistic surrogacy shall connect and share
information to the common database related to assisted reproductive technology
as prescribed by the Ministry of Health.
Chapter IV
IMPLEMENTATION CLAUSE
Article 7.
Effect
1. This Circular comes into force
from October 10, 2025.
2. Chapter I, Chapter II, Chapter V
and Chapter VI of Circular No. 57/2015/TT-BYT dated December 30, 2015 of the
Minister of Health elaborating some articles of Decree No, 10/2015/ND-CP dated
January 28. 2015 of the Government on childbirth by assisted reproductive
technology and conditions for altruistic surrogacy shall be annulled.
3. If the documents referenced in
this Circular are amended or replaced, the newer documents shall prevail.
Article 8.
Implementation
The Head of Department of Maternal
Health and Children; the Head of Department of Medical Service Administration;
the Heads of units affiliated to the Ministry of Health; the Directors of the
Departments of Health of provinces and cities; relevant authorities,
organizations and individuals are responsible for implementing this Circular.
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PP.
MINISTER
DEPUTY MINISTER
Nguyen Tri Thuc